Each User declares and acknowledges that:

• she/he has, in his/her country, the capacity to contract and to subscribe to the Services;
• she/he is informed that her/his commitment does not require a handwritten or electronic signature. The acceptance of these Terms and Conditions is implemented by the mechanism of a double click; her/his

Users can save and print these Terms and Conditions, by using the standard functions of their browser or computer.

These Terms and Conditions constitute a legally binding agreement between you and Novartify.

1. Definitions

The terms defined below shall have the following meanings between the parties:

• “Artwork”: refers to the digital image of the original artwork (which could be either a physical artwork, or a digital artwork), available within the Service;
• “Buyer”: refers to the User acquiring an Artwork on the Marketplace;
• “Cryptocurrency”: refers to any digital asset designed to work as a medium of exchange and accepted in payment throughout the Services;
• “Marketplace”: refers to the marketplace published by Novartify and on which Users can exchange and/or sell Artworks among themselves;
• “NFT”: refers to the Non-Fungible Token which represents on blockchain the Artwork and certifies that each Artwork is unique and not interchangeable;
• Seller: refers to Novartify or each User offering to sell his/her Artwork on the Marketplace;
• Services: refers to the services accessible on www.novartify.shop/ to all Users having a User Account;
• "User": refers to any natural person using the Services or visiting the Marketplace;
• "User Account": designates a private virtual space that the User may have on the Website and which can be accessed by means of a login and password combination;
• “User Profile”: refers to the profile of a User that has a User Account, and which can be seen by other Users;
• "TCS": refers to these Terms and Conditions;
• "Personal Data": designates all data that directly or indirectly identifies a natural person;
• “Wallet”: refers to an electronic wallet, which allows you to purchase, store, and engage in transactions using virtual currency;
• "Website": refers to the website accessible at the URL www.novartify.shop/.

2. Subject

• The purpose of these TCS is to define the terms and conditions of use and/or sale of the Website, and notably to define under which conditions a User may acquire and sell Artworks and their underlying NFT.
• These TCS apply, without restriction or reservation, to any use of the Services, and are enforceable as soon as they are agreed by a User. Such consent shall be given prior to buying and/or selling an Artwork on the Marketplace.
• Novartify reserves the right to adapt and/or modify these TCS at any time. The new version of the TCS shall then apply to any purchase or sale made after they have been posted online. Consequently, the User is invited to read the applicable version of the TCS before purchasing and/or selling an Artwork.
• Any information relating to any artwork or object is provided in good faith by Novartify and its partner institutions and best endeavours have been made to ensure accuracy at the time of publishing on this site. However, we reserve the right to change such information at any time. We and/or our partners will not be liable for any loss or inconvenience that results from the supply of any information that proves to be inaccurate or incorrect either due to error or to further research proving such inaccuracies.

3. Access to the Website and creation of an account

3.1 Access to the Website

• Access to the Website is free for any User with internet access. The cost related to the access to the Website, whether hardware, software or internet access cost, are exclusively at the User's expense.
• The Website is accessible 24h a day and 7 days a week, except during during maintenance upgrades.
• Due to the nature and the complexity of the internet network and, in particular, its technical performance and response time for consulting, querying or transferring information data, Novartify makes its best efforts, to allow access to and use of the Website and the Services offered. Novartify cannot guarantee an absolute accessibility or availability of the Website.
• Novartify reserves the right, without notice or compensation, to temporally close the Website or access to one or more Services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive.
• Novartify reserves the discretionary right to complete, delete or modify, at any time, the Website and the Services available on it.

3.2 Creation of a User Account

• Access to the Website is not conditional on the creation of a User Account. Any User can thus visit the Marketplace without creating a User Account. But the creation of a User Account is a necessary step to enjoy the Services offered by Novartify, i.e. to buy and sell an Artwork.
• Any User can create a User Account on the Website
• The User undertakes that all information provided for the purpose of registration are accurate and current.
• The User acknowledges that any erroneous information, provided whether knowingly or unknowingly, may lead to liability action against him/her with a view to obtaining compensation for any prejudice suffered.
• In addition, any usurpation of identity may give rise to a criminal prosecution in accordance with the provisions of Article L.226-4-1 of the Penal Code, which states that "Usurping the identity of a third party or making use of one or more data of any kind allowing identification in order to disturb his or her peace or that of others, or to harm his or her honour or reputation, shall be punishable by one year's imprisonment and a fine of €15,000. This offence is punishable by the same penalties when it is committed on a network of communication to the public online".
• The User is solely responsible for securing her/his own data and undertakes to take any necessary measure to ensure the confidentiality of her/his username and password, in particular by changing her/his password regularly. Each User undertakes to change her/his password without delay in the event of voluntary or involuntary disclosure to third parties, or in the event of lost or forgotten password.
• The User must inform Novartify as soon as possible in the event of unauthorized use of her/his User Account.
• Any use of the User Account is presumed to be made in the name and on behalf of the User. Novartify cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure of the identifiers and/or passwords of a User.
• The User may request the deletion of her/his User Account at any time, under the conditions set out on the Website, or by sending a request to contact@novartify.shop/
• In the event of a breach by a User of any of the obligation incumbent upon her/him under these TCS, Novartify reserves the right, without compensation and without notice, to suspend access to all or part of her/his User Account until the cause of the suspension has disappeared, or even to delete her/his Use Account regarding the seriousness of the breach. The User accepts and acknowledges that Novartify cannot be held liable against her/him or against a third parties for the consequences of the suspension or deletion of her/his User Account.
• Any User Account that is not used for a period of two (2) years will be automatically deleted.
• The deletion of a User Account, whether at the initiative of the User or at the initiative of Novartify, automatically and irreversibly leads to the deletion of all its data. The User Account will not be accessible anymore on the Website, it being specified that the Website will continue to display the Artworks owned by the former User, without indicating the name of the User in the ownership history described in article 4.1.2.

4. Withdrawal Policy

To ensure a seamless withdrawal experience for our artists, we have established the following guidelines:

4.1 Adequate Balance Requirement

Artists must maintain a sufficient balance in their withdrawal wallet to cover the gas fees required for instant withdrawals. The balance should be equal to or greater than the estimated gas fee for the withdrawal transaction.

4.2 Withdrawal Destination

Withdrawals can be made to wallets securely connected to or created directly on our platform. This flexibility provides artists with convenient options for receiving their funds.

4.3 Fund Origin and Security

It's important to note that funds are available for withdrawal in your Novartify wallet. This policy is designed to protect our platform's reputation, prevent money laundering, and mitigate the risk of fraud.

This policy aims to enhance the financial integrity of our platform while offering artists a secure and straightforward withdrawal process. Your cooperation in adhering to these guidelines is greatly appreciated. If you have any questions or need assistance, please do not hesitate to contact our support team.

5. Withdrawal Requirements and Verification Policy

At Novartify, we prioritize the growth and success of our artists within the Art and Web3 marketplace. To ensure fairness and transparency in the withdrawal process, as well as to uphold the integrity of our platform, we have established the following policies:

5.1 Minimum Withdrawal Requirement:

Top-tier artists with a significant collection valued at 20 ETH or more are required to withdraw a minimum of one-third of their current collection balance. This policy aims to maximize artists' earnings, promote active participation in the marketplace, and elevate their status within the platform.

5.2 Verification Process:

To access exclusive benefits such as Tier-3 Gold Level Badge Verification, artists must meet specific criteria, including maintaining a certain level of activity and adhering to our withdrawal requirements. Verification enhances an artist's credibility, trustworthiness, and visibility on the platform, leading to increased sales opportunities and promotional privileges.

5.3 Gas Fee Deduction:

During the withdrawal process, a nominal gas fee may be deducted from the artist's connected wallet to cover transaction costs on the Ethereum network. However, this deduction is transparent, and artists are promptly notified of any fees incurred.

5.4 Support and Assistance:

Our support team is available to assist artists throughout the withdrawal process, address any concerns or inquiries promptly, and ensure a smooth and successful transaction experience. We are committed to providing artists with the necessary resources and guidance to maximize their potential in the Art and Web3 marketplace.

By adhering to these policies, we aim to foster a supportive and thriving ecosystem for artists on Novartify, where creativity is celebrated, and opportunities for growth are abundant.

6. Personal Data

Novartify collects and processes some User's Personal Data.As such, Novartify is responsible for processing within the meaning of EU Regulation 2016/679 on the protection of Personal Data.The User may access further information regarding the processing carried out and the rights it has in the Privacy Policy of the Website.

7. Tax and social security obligations

The User is solely responsible for declaring the income from her/his Sales of the Artworks to the competent Tax and Social Security Administration. The User is informed that receiving Cryptocurrency in return for the sale of her/his Artwork is likely to constitute an income subject to tax and social contributions.

8. User's liability

• The User shall abide by any obligation imposed upon her/him by these TCS. The User undertakes to use the Website, the Marketplace and the Services only in accordance with the TCS. The User undertakes that she/he will not use the Website, the Marketplace, and/or the Services fraudulently. The User assumes full responsibility for any breach of the TCS. In case of breach of the TCS by the User, the User is informed that her/his User Account may be suspended or deleted, without prior notice or compensation.
• The User is solely responsible for the data, files and other content that she/he enters into the Website and in the course of using the Services. In particular, the User is responsible for the accuracy and legality of such data, files and other contents.
• The User shall remain personally and fully responsible for all legal obligation incumbent on her/him, in particular in relation to tax and social security obligations.
• The User is fully responsible for maintaining the confidentiality of her/his password. Novartify will not be liable for any unauthorized access to a User Account resulting from the loss or theft of a password.

9. Novartify's liability

• Novartify undertakes to provide its best efforts to ensure the Services. Novartify is subject to the limitations and characteristics of telecommunications networks and services, and therefore cannot be held responsible for any malfunction or interruption of the Services due to the coverage of the Internet or mobile phone networks, regardless of the duration or cause. However, Novartify will use its best efforts to try to resolve such difficulties as soon as possible.

Novartify shall not be held liable for:

• the deletion of any Services at its sole discretion, or for any change in legislation which renders the Services unavailable in whole or in part;
• breakdowns or malfunctions of the Website, Marketplace and/or the Services;
• any illegal use of the Website, Marketplace and/or Services by a User;
• a malfunction or a cyberattack;
• any event linked to data entered by a User or a setting made by a User.
• In any case, and in the event of failure of the Services, Novartify shall only be responsible for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages are expressly excluded.

10. Waiver of the Withdrawal Right

Given the digital nature of the Artwork and NFT's technical functioning, the withdrawal period provided for in article L.221-18 of the Consumer Code will not apply in case of purchase of an Artwork from Novartify, in accordance with the provisions of article L.221-28 of the Consumer Code.

11. Dispute and mediation

• In the event of a dispute arising between Novartify and a User, the latter undertakes to send an email to Novartify, explaining the purpose of her/his request, and providing any information relating to the subject and scope of her/his request, with the aim of finding an amicable solution: contact@novartify.shop/.
• In the event of a dispute between Novartify and a Consumer established and/or located in Andorra, the Consumer may have recourse free of charge to an independent Ombudsman in order to find amicable resolution. If the Consumer wishes to participate to a mediation, the Consumer shall send a message to Novartify, requesting mediation: contact@novartify.shop/. Novartify undertakes to provide all information necessary to organize this mediation.
• The Consumer is informed that before referring any dispute to this independent Ombudsman, she/he must first attempt to resolve the dispute directly with Novartify in accordance with the provisions of article 11.1.

12. General Stipulations

• The Parties agree to perform their obligations in good faith.
• The Parties sincerely declare these commitments.As such, they declare that they are not aware of any circumstances which, if they had been communicated, would have altered the consent of the other Party.
• In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles herein and any of the articles, the headings will be declared non-existent.
• If one or more stipulations of these TCS are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final and conclusive by a competent court, the other stipulations will retain their full force and scope. Novartify will then amend the TCS.
• No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions of which it is a creditor under the TCS, unless such waiver is evidenced in writing signed by a duly authorized representative.
• The online acceptance of these TCS by electronic means shall have the same evidential value between the Parties as the agreement on paper.The computerized records kept in Novartify's computer systems shall be kept under reasonable conditions of security and shall be considered as proof of communications, orders and payments between the Parties. They shall be deemed authentic until proven otherwise.Contractual documents, orders and invoices shall be archived on a reliable and durable medium that can be produced as proof.

13. Language

• These TCS have been drafted in English.
• If these TCS are translated into a foreign language, the English version shall prevail over any other translation in the event of any dispute, litigation, difficulty in interpreting or executing these TCS.

14. Applicable law

• These TCS are governed by law.
• However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users living within the European Union may benefit from the possibly more protective and mandatory provisions of their national law.

15. Competent jurisdiction

In case of dispute, the User may seize the competent jurisdiction with territorial jurisdiction under the law. In the event of no mandatory jurisdiction by the law, only the Commercial Court of Andorra will be competent